[color=#FF0000]Death penalty in times of war and perils of war and ...[/color]

The fact that, besides the duty of the member states to arm, it says in a comment on a footnote that the death penalty will be feasible again – and not just in times of war and perils of war (Germany and Austria are at war), but also in times of insurrection and upheaval, is a blatant scandal.Brussels says: „Nothing in the EU Treaty of Lisbon (…) affects in any way the need for protecting the right to live (…) as foreseen in the Irish Constitution.”14Yet in the Lisbon Treaty it says: Contrary to the right to live (Art. II-62 VV) the death penalty, killing and execution in the event of war or imminent threat of war in accordance with the detailed provisions of the EU Charter of Fundamental Rights is to be introduced by Council decisions on the general rules of missions (Article 43 paragraph 2 P. l TEU. 43 Abs. 2 S. l EUV).15 In the explanation on Fundamental Rights it says: “A state may forsee the death penalty in its rule of law for deeds that are committed in times of war or imminent threat of war. This penalty may only be applied in those cases which are foreseen in the rule of law and are in accordance with its regulations.”16 In other words, the death penalty is possible in times of war or imminent threat of war, without there remaining any protection by Fundamental Rights. It is true that the death penalty is not listed in any law as yet, at least in Germany. But if the EU issues detailed rules for missions (Article 43 paragraph 2 P. l TEU) i.e. if it takes military action (war) as a reaction to some crisis and issues legal regulations for such an event of war which facilitate the death penalty, then any contradicting fundamental right in the EU Constitution or any national set of fundamental rights will be to no avail. But, as stated before, the actual explanation on the Fundamental Rights would apply, and not the Right itself!17

... Death penalty in times of riot and insurrection

In the notes on explanations it states: “3. a) Art. 2 para 2 of the ECHR: A killing is not considered a violation of this article when it results from the use of force which has been absolutely necessary to a) protect any person from unlawful violence; b) lawfully arrest or prevent the escape of someone who is lawfully deprived of liberty, or c) to lawfully fight a riot or insurrection.”18 So even in case of revolt or rebellion the death penalty would be possible if it accurately reflects the explanation. And because it is a European act of law it cannot be measured against either the Irish, German or any other national constitution, even if it states that the death penalty has been abolished. Since European law overrules national law, the death penatly would be possible.19 Well, somebody will ask: Who defines what is an insurrection or a riot? The EU is entitled to interpret ad libitum what and how it deems. Could this apply to situations as we used to have in Leipzig (the Monday demonstrations) or riots like we had recently in Latvia etc.? I.e. demonstrations accompanied by violence which could be interpreted as insurrection? Or when people gather because they do not agree with something and then some “black bloc” is smuggled in from somewhere? Will Brussels interpret the social disturbances expected even by Germany on the grounds of the economic crisis as upheavels or riots? And who, in that event, will be responsible for measuring the extent of violence?

Citizen right to live not secured

Since in the Lisbon Treaty the death penalty is again permitted under certain circumstances, the right to live is not secured. This is a crime, all the more so because this is just mentioned in the footnote of a footnote and can thus be reintroduced through the backdoor. Which politician has explained this clearly to his or her voters?The Irish Senior Lecturer Emeritus in Social Policy, Anthony Coughlan expresses his outrage at the reintroduction of the death penalty in the the Lisbon Treaty, too, saying that “most people in Ireland and Britain have never heard of it.” 20 (!)Both the German Constitution (Art. 102 GG) and the principle of human dignity of the UN Human Rights Charter command the abolition of the death penalty. The peoples of Europe have fought hard for this principle after the two horrible world wars in which 55 million people were slaughtered and which paralized the countries involved for decades. Reintroducing the death penalty would mean a step backward, falling behind the Enlightenment principle of “freedom, equality and fraternity”, the Human Rights Declaration of 1948, any right to justice and the hard-fought-for freedom of our nations.The EU would do well to cooperate with its citizens in a mutual effort to fashion our society reasonably and to aim at living and working together in dignity and equality based on human standards. Anything else is mere striving for power which the peoples of Europe do not want.